NAIROBI – The Kenya High Court will hear a lawsuit against Meta, a Facebook-owned social media giant over infringement committed in Ethiopia after the court confirmed the scope of the extrajudicial issue on Thursday.
In his ruling on Thursday, Judge Lawrence Mugambi decided that a Kenyan court would have jurisdiction over Meta over violations committed by a Kenya-based content moderator.
The decision paves the way for a full hearing on petitions raising important concerns about human rights and social media governance.
In his ruling, Judge Mugambi rejected the application by Meta and argued that the case deserves a hearing on its merits, not a preliminary stage dismissal.
Petitioner – Ethiopian Abram Miareg and former Amnesty International researcher Fisse Tekle, together with the Katiba Institute, have accused Meta of promoting harmful content during armed conflicts in Northern Ethiopia from November 2020 to November 2022.
Human rights in the digital age
Mugambi pointed out the global significance of the incident as being worthy of attention.
“The petition raises basic concerns about any conduct or omissions that may have been made in relation to content posted on the Facebook platform by a Kenya-based content moderator that may affect compliance with human rights beyond Kenya through the use of social media.
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The decision highlights the responsibility of technology giants in acknowledging the transnational nature of digital content and its potential impact on fundamental rights beyond Kenya, and supporting ethical and legal standards across jurisdictions.
Judge Mugambi invited Prime Minister Marta Koume to the bench, considering the heavy constitutional issues raised on the subjects of human rights, AI ethics and digital justice.
Judge Mugambi noted that the petition raises substantial constitutional questions about content moderation, potential algorithm bias, and the role of artificial intelligence (AI) in broader accountability for social media platforms.
The ruling shows significant progress in the global effort to strengthen Kenya’s position as a leader in digital rights litigation and to ensure that tech companies are responsible for their operations beyond their own countries.
The decision strengthens the legal status of digital rights activists and content moderators who have long raised concerns about the psychological sacrifices of worker treatment and content moderation.
It confirms that Kenya courts can argue issues regarding global technology companies operating within their borders and establishes a significant precedent.
